State Consumer Disputes Redressal Commission
Sunita Devi vs M/S M2K Infrastructure Pvt. Ltd. on 25 April, 2013
IN THE STATE COMMISSION:DELHI (Constituted under Section 9 of The Consumer Protection Act, 1986) Date of Decision: 25.04.2013 First Appeal No. 1151/12 Mrs.Sunita Devi Appellant W/o Shri Suresh Kumar, R/o 2/1139, Gali No.5, Shankar Garden Linepar, Bahadurgarh, District Jhajjar, (Haryana). Present Address: H.No. 216, Sector-9, Bahadurgarh, District Jhajjar(Haryana) Versus M/s M2K Infrastructure Pvt. Ltd. Respondent E-13/29, Harsha Bhawan, Connaught Circus, New Delhi. Through Its Managing Director/ Principal Officer CORAM Justice Barkat Ali Zaidi President Mr. V.K. Gupta Member(Judicial) 1.
Whether Reporters of local newspapers be allowed to see the judgment?
2. To be referred to the Reporter or not?
Justice Barkat Ali Zaidi, President(Oral)
1. The complainant Sunita Devi filed a complaint bearing No. 753/11 against OP M2K Infrastructure Pvt. Ltd. before District Forum, Janakpuri, New Delhi. The complainant who was represented through his counsel did not appear on 19.09.12 fixed in the case before the Forum and the Forum dismissed his complaint in complainants or his counsels default. The complainants application for setting aside this dismissal order was also dismissed by the District Forum on 26.05.08.
2. That is what brings the appellant complainant in appeal before this Commission.
3. We have heard Shri A.K. Sharma, counsel for the appellant in this appeal as there is no need to hear the respondent.
4. The version of the complainant for default is that, his counsel Shri A.K. Sharma was lying ill, and for this reason, he could not appear in the case before the Forum and the default occurred. In support of this version, there is affidavit of the appellant and his counsel. There is no plausible reason to disbelieve or not to act upon this version of the appellant complainant. Besides, the cardinal principle of law is that the cases should be decided on merits after hearing both the parties. For these reasons, the appeal is allowed and order dated 19.09.12 dismissing the complaint in complainants default is set aside with the direction to Forum to restore the case on its original number and to proceed to decide the case on merits.
5. The appellant is directed to appear before the District Forum on 23.05.13 in this case.
6. A copy of this order be sent to the District Forum, Janakpuri to place it on record of complaint case No. 753/11, and for compliance.
(Justice Barkat Ali Zaidi) President (V.K. Gupta) Member(Judicial)